Effective - 28 Aug 2007
338.095. Prescription, drug order, defined — telephone prescription, defined — prescription and medical information may be provided, when. — 1. The terms "prescription" and "prescription drug order" are hereby defined as a lawful order for medications or devices issued and signed by an authorized prescriber within the scope of his professional practice which is to be dispensed or administered by a pharmacist or dispensed or administered pursuant to section 334.104 to and for the ultimate user. The terms "prescription" and "drug order" do not include an order for medication requiring a prescription to be dispensed, which is provided for the immediate administration to the ultimate user or recipient.
2. The term "telephone prescription" is defined as an order for medications or devices transmitted to a pharmacist by telephone or similar electronic medium by an authorized prescriber or his authorized agent acting in the course of his professional practice which is to be dispensed or administered by a pharmacist or dispensed or administered pursuant to section 334.104 to and for the ultimate user. A telephone prescription shall be promptly reduced to written or electronic medium by the pharmacist and shall comply with all laws governing prescriptions and record keeping.
3. A licensed pharmacist may lawfully provide prescription or medical information to a licensed health care provider or his agent who is legally qualified to administer medications and treatments and who is involved in the treatment of the patient. The information may be derived by direct contact with the prescriber or through a written protocol approved by the prescriber. Such information shall authorize the provider to administer appropriate medications and treatments.
4. Nothing in this section shall be construed to limit the authority of other licensed health care providers to prescribe, administer, or dispense medications and treatments within the scope of their professional practice.
5. It shall be an unauthorized practice of pharmacy and hence unlawful for any person other than the patient or the patient's authorized representative to accept a prescription presented to be dispensed unless that person is located on a premises licensed by the board as a pharmacy.
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(L. 1993 H.B. 564, A.L. 2007 S.B. 195)
Structure Missouri Revised Statutes
Title XXII - Occupations and Professions
Chapter 338 - Pharmacists and Pharmacies
Section 338.030 - Applicant — requirements for qualification.
Section 338.043 - Temporary license — eligibility — renewal.
Section 338.050 - Pharmacist license, issued when, period covered.
Section 338.056 - Generic substitutions, when, requirements — violations, penalty.
Section 338.059 - Prescriptions, how labeled.
Section 338.065 - Disciplinary hearings — grounds for discipline.
Section 338.067 - Revocation and restoration of license — conditions.
Section 338.080 - Display of license or renewal required.
Section 338.090 - Sale of poisons — regulations.
Section 338.100 - Records required to be kept — requirements.
Section 338.110 - Board of pharmacy, members, qualifications, terms.
Section 338.120 - Board of pharmacy — organization.
Section 338.130 - Compensation of board members, personnel.
Section 338.132 - Board of pharmacy, salary schedule for employees to be established.
Section 338.142 - Drug take-back program, board authorized to expend, allocate, or award funds.
Section 338.155 - Immunity from civil liability, when.
Section 338.170 - Title of pharmacist — used by whom.
Section 338.180 - Prosecution of offenders.
Section 338.185 - Board has access to certain court records.
Section 338.190 - Violation of law by licensee — penalty.
Section 338.195 - Violation of law by person not licensed — penalty.
Section 338.198 - Pharmacist may fill prescription forwarded by authorized agent.
Section 338.205 - Opioid antagonist, storage and dispensing of without a license, when.
Section 338.230 - Disposition of fees.
Section 338.270 - Renewal applications to be made, when.
Section 338.280 - Board of pharmacy, rules and regulations.
Section 338.285 - Board may file complaint, when, where filed.
Section 338.290 - Appeals from decision of board, notice of right.
Section 338.300 - Permit to be posted — not transferable.
Section 338.310 - Violation, a misdemeanor.
Section 338.320 - Committee established, purpose, members, duties — sunset provision.
Section 338.330 - Definitions.
Section 338.335 - Separate licenses required, when — exemptions.
Section 338.337 - Out-of-state distributors, licenses required, exception.
Section 338.340 - Sale of drugs, out-of-state distributor, license required.
Section 338.343 - Records to be maintained and be available for board inspection.
Section 338.347 - Renewal of license, application.
Section 338.350 - Board of pharmacy to promulgate rules and regulations — procedure.
Section 338.357 - Sanction imposed by board, when.
Section 338.360 - Inspection of premises allowed, when.
Section 338.365 - Injunction may be issued, when, procedure.
Section 338.400 - Standard of care, definitions, rules.
Section 338.500 - Gross retail prescriptions, tax imposed, definitions.
Section 338.505 - Formula for tax liability, rulemaking authority, appeals procedure.
Section 338.515 - Effective date of tax.
Section 338.530 - Offset against Medicaid payments due by pharmacy permitted, when.
Section 338.535 - Remittance to department — pharmacy reimbursement allowance fund created.
Section 338.550 - Expiration date of tax, when.
Section 338.650 - Fund established, use of moneys.
Section 338.700 - Definitions.
Section 338.710 - Program created, goal — authority of board — evaluation report — expiration date.